No. 3/1922:

GAS CHARGES: FERMOY

GAS CHARGES: FERMOY

THE FERMOY GAS (CHARGES) ORDER, 1922, MADE BY THE MINISTRY OF INDUSTRY AND COMMERCE ON THE 30TH DAY OF NOVEMBER, 1922, UNDER SECTION 1 OF THE GAS REGULATION ACT, 1920 (10 AND 11 GEO. 5, C. 28).

Whereas under sub-section (1) of section 1 of the Gas Regulation Act, 1920 (in this Order referred to as "the Act"), the Board of Trade may, on the application of any Gas Undertakers, by Order, provide for the repeal of any enactments or other provisions requiring the Undertakers to supply gas of any particular illuminating or calorific value and for substituting power to charge for thermal units supplied in the form of gas:

And whereas under the Transfer of Functions Order of April 1st, 1922, the powers of the Board of Trade, in so far as they apply to Southern Ireland, have been transferred to the Ministry of Industry and Commerce of the Irish Provisional Government:

And whereas the Fermoy Gas Company, Limited (being Undertakers within the meaning of the Act and in this Order referred to as "the undertakers"), have made application to the Ministry of Industry and Commerce for an Order under section 1 of the Act:

And whereas the undertakers have in accordance with the provisions of sub-section (6) of section l of the Act given public notice of the application for an Order:

And whereas by paragraph (f) of sub-section (4) of the said section 1 it is enacted that any Order made under that section shall have effect as if enacted in the Act:

And whereas by section 19 of the Act it is enacted that the provisions of any Order made under the Act shall have effect in lieu of any provisions to the same effect or inconsistent therewith in any Act or Order having the force of an Act relating to an Undertaking with respect to which an Order has been made under the Act:

Now, therefore, the Ministry of Industry and Commerce, by virtue of the provisions aforesaid and in the exercise of its powers, hereby orders as follows:—

1. This Order shall be cited as the Fermoy Gas (Charges) Order, 1922.

2. (1) The undertakers shall within three months from the commencement of this Order give notice by advertisement in Iris Oifigiúil (the Dublin Gazette) of the Calorific Value of the gas which they intend to supply (in this Order referred to as "the declared calorific value") and of the date (in this Order called "the declared date") from which they will supply gas of the declared calorific value, which date shall not be more than three months from the date of the notice.

(2) After the declared date the charges which the undertakers may make in respect of the supply of gas shall be such charges as are hereinafter authorised for thermal units supplied in the form of gas, and any provisions in force at the date of commencement of this Order of any Act or Order having the force of an Act in relation to the quality of gas supplied by the undertakers shall cease to have effect:

Provided that this sub-section shall have effect as respects the charges to any particular consumer as from the first reading by the undertakers of that consumer's meter after the declared date and not earlier.

(3) A copy of the notice referred to in sub-section (1) of this section shall be sent to each Local Authority and to every consumer and to the Ministry of Industry and Commerce.

3. As from the declared date the standard price in respect of Gas supplied by the undertakers shall be twenty-eight decimal eight pence per therm.

4. (1) The Company may demand in respect of gas supplied through a prepayment meter a charge not greater than in respect of gas supplied to private consumers within the same part of the limits of supply through any other kind of meter or by any other method of supply.

(2) As from the declared date—

(a) The charge for the hire of any prepayment meter and fittings to be used therewith shall be a sum of money calculated according to the number of therms supplied and the maximum rate of charge shall be

For a prepayment meter and fittings (including a cooking stove) three decimal six pence per therm; for a prepayment meter and fittings (not including a cooking stove) three pence per therm.

(b) The maximum charge for the hire of a prepayment meter without fittings shall be at the rate of one decimal eight pence per therm or at the rate of ten per centum per annum on the cost of the meter whichever shall be the higher.

(c) The said charges shall include the providing, letting, fixing, repairing and maintenance of the meter and fittings or of the meter (as the case may be) and the cost of collection and other costs incurred by the Company in connection therewith.

(3) For the purpose of this section the expression "prepayment meter" means any meter or appliance by which the quantity of gas supplied is regulated according to the amount of money prepaid therefor.

5. Any provision of any Act or Order having the force of an Act by virtue of which the undertakers may increase or reduce the price charged by them above or below a standard price subject to a reduction or increase in the dividend payable by the undertakers on their ordinary capital shall have effect as respects any dividend declared by the undertakers after the declared date as if one-fifth of a penny per therm were substituted for each penny per thousand cubic feet of increase or decrease of price and as if the standard price referred to in such provisions were the standard price prescribed by this Order, and for the purpose of ascertaining the authorised rate of dividend for the year in which the declared date occurs the price charged per thousand cubic feet during that part of the year (if any) before the declared date shall be rendered into the equivalent price per therm by dividing it by four and one-quarter.

6. The number of therms supplied to any consumer shall be ascertained by multiplying the number of cubic feet of gas registered by the consumer's meter by the number of British thermal units comprised in the declared calorific value and dividing the product by one hundred thousand.

7. If at any time the undertakers intend to alter the declared calorific value they shall give notice of their intention to supply, as from a date to be therein specified and not being less than three months from the date of such notice, gas of such calorific value as may be declared in the notice, and the calorific value so declared shall as from the date so specified be the declared calorific value for the purposes of this Order.

The notice required by this section shall comply with the requirements of this Order with regard to the notice in which the calorific value was originally declared.

8. If and so often as the undertakers shall alter the declared calorific value of the gas they shall at their own expense effect such alteration, adjustment or replacement of the burners in consumers' appliances as may be necessary to secure that the gas can be burned with safety and efficiency except in the case of any consumer who objects to such alteration, adjustment or replacement as aforesaid.

9. If the declared calorific value is less than 350 British thermal units the minimum permissible pressure at which the gas may be supplied shall be that specified in the Schedule to this Order.

10. This Order shall come into operation on the 30th day of November, nineteen hundred and twenty-two.

Dated this 30th day of November, 1922.

DIARMAID FAWSITT,

An Assistant Secretary to the

Ministry of Industry and Commerce.

SCHEDULE.

Where the declared calorific value is below 350 British thermal units, and not below 300 British thermal units, the minimum permissible pressure shall be two and a half inches.

Where the declared calorific value is below 300 British thermal units the minimum permissible pressure shall be such pressure (not being less than three inches) as shall be prescribed by authorisation of the Ministry of Industry and Commerce.